Marijuana Dispensary Fights Closure

Wednesday's petition for writ of mandate asks El Dorado County Superior Court Judge Steven Bailey to compel the city of South Lake Tahoe to vacate its July 3 vote denying approval of the move, and make the City Council issue a resolution approving its June 5 support

Adam Jensen, Tahoe Daily Tribune, Oct 6 2012

... On Wednesday, attorneys representing the collective filed suit against the South Lake Tahoe City Council and former City Manager Tony O'Rourke, challenging the city's July denial of a proposed relocation of the pot club.

Wednesday's petition for writ of mandate asks El Dorado County Superior Court Judge Steven Bailey to compel the city to vacate its July 3 vote denying approval of the move, and make the City Council issue a resolution approving its June 5 support for transferring the collective's operating permit to a new location.

In the filing, attorney and former City Councilman Ted Long argues the city's medical marijuana ordinances do not require the council to pass a formal resolution transferring a medical marijuana dispensary's permit to a new location, only that the ordinances require the City Council to approve the permit transfer at a public hearing.

...Long, as well as City Attorney Patrick Enright, did not return requests for comment Friday.

The July 3 action by the council to deny the dispensary's move was “arbitrary and capricious” and amounted to a “defacto revocation” of the dispensary's permit, according to the suit.